PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            18 January 2001
	DOCKET NUMBER:   AR2000046551

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be awarded the Purple Heart.

3.  The applicant states that he never received his Purple Heart for shrapnel wounds he received while he was in Vietnam.

4.  The applicant’s military records show that he was inducted into the Army at Fort Ord, California on 10 October 1968.  He successfully completed his training as a light weapons infantryman and was transferred to Vietnam on 15 March 1969.

5.  His awards include the National Defense Service Medal, the Vietnam Service Medal w/3 Bronze Service Stars, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, the Combat Infantryman Badge, the Bronze Star Medal w/”V” Device and the Expert Rifle Badge (M-16).

6.  The applicant’s Enlisted Qualification Record (Department of the Army Form 20) shows that he sustained a fragment wound to his left arm on 21 December 1969 while he was in Vietnam.

7.  However, a review of his Report of Transfer or Discharge (DD Form 214) fails to show that he was ever awarded the Purple Heart.  The records also fail to show that his wound required medical treatment.

8.  On 23 March 1970, the applicant returned to the Continental United States and was released from active duty and transferred to the United States Army Reserve Control Group on 9 October 1970.

9.  Army Regulation 60-8-22 provides that the Purple Heart is awarded for a wound sustained as a direct result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  During the preparation of the applicant’s DD Form 214, the Purple Heart was omitted.

2.  The evidence of record clearly shows that the applicant sustained a fragment wound to his left arm on 21 December 1969, while he was serving in Vietnam.  

3.  Although the record fails to show that his wound required treatment by a medical officer, his DA Form 20 shows that he was wounded while in Vietnam and his wound was made a matter of official record.  Therefore, it is reasonable to presume, that the servicing personnel office received a battle casualty report in order to make the entry in his records and thus he was entitled to the Purple Heart, his DD Form 214 should be amended accordingly.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for wounds received in action on 21 December 1969, while he was serving in Vietnam in the rank of specialist four and by amending his DD Form 214 accordingly.

BOARD VOTE:  

___jtm __  __mm___  ___js____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000046551	
SUFFIX		
RECON		
DATE BOARDED	2001/01/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.